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Posted: 3/11/2023 11:33:01 AM EDT
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In February, Superior Court Judge Craig Karsnitz ruled that Schrock had met the 20-year occupation requirement and Burton had not, so Burton was forced to hand the property title to Schrock. View Quote I don't understand the logic of this law. How does living on the land for 20 years entitle you to it legally? |
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In many states if a squatter can prove the owner of the land knew they were "possessing" the land (aka putting a structure on it and/or living there) for more than 7 years, then they can claim the property as legally theirs. I learned that way back in real-estate school in the 70s.
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And people wonder why someone will weld up a killdozer. Or retaliate in another fashion.
"I don't understand why they went berserk like that" |
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I wonder if the squatter has been paying property taxes on it?
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Lol, that would not happen to me without multiple people meeting dire misfortune.
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Quoted: I don't understand the logic of this law. How does living on the land for 20 years entitle you to it legally? View Quote |
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Yeah..... I'm dealing with a squatter in a rural area right now that is next door.
Welcome to the new world. |
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This isn't a new thing.
In 1992 my landlord kept up a small island (1 acre, maybe) that was in a river next to his property and had been doing so for a long time. He mentioned that he only needed to do it for another 5 years in order to be able to claim it as his. |
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Fuck squatters, if taxes are paid by the owner, then it’s not abandoned.
SSS is the correct answer here. |
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Calm down people. Spain will be along shortly to make things right as rain!
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Quoted: In many states if a squatter can prove the owner of the land knew they were "possessing" the land (aka putting a structure on it and/or living there) for more than 7 years, then they can claim the property as legally theirs. I learned that way back in real-estate school in the 70s. View Quote Which is why when arfcom posts neighbor disputes over property lines my advice is to go full retard and throw that shit out / revoke permission / absolutely don’t give permission to use your property for little things like gardens, driveways, yard barns, etc because of exactly this. Fuck this grifter bitch. I won’t be surprised to hear the original losing owner drove up from Atlanta and shoots her in the twat with a shotgun someday soon. |
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Wonder what would have happened had the guy took out a massive loan against the property. Congrats Melissa, you win possession of the land and all of its legal attachments, so, now you owe the bank $100,000 no free land for you.
Or donated it to antifa / blm as a commune property, good luck evicting your new arson loving neighbors. |
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Adverse possession is a thing. See it all the time in the panhandle of FL.
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I straight up do not understand how people get away with squatting.
Like if I went on vacation, and came home, and you were IN MY HOUSE, you'd either be leaving willingly or in a hearse. If you changed the lock I'd kick the door in and you'd be leaving in a hearse. If for some reason the police got involved and told me you were "within your rights to stay in my house" then you'd disappear. If I couldn't make that happen I'd make life inside my house so incredibly difficult that you'd move out and never consider coming back. A little bit of common sense and half of a pair of balls would go a long way towards ending this stupidity. |
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Quoted: I straight up do not understand how people get away with squatting. Like if I went on vacation, and came home, and you were IN MY HOUSE, you'd either be leaving willingly or in a hearse. If you changed the lock I'd kick the door in and you'd be leaving in a hearse. If for some reason the police got involved and told me you were "within your rights to stay in my house" then you'd disappear. If I couldn't make that happen I'd make life inside my house so incredibly difficult that you'd move out and never consider coming back. A little bit of common sense and half of a pair of balls would go a long way towards ending this stupidity. View Quote Seems if you call the cops and they show a fake rental agreement, it becomes civil and you gotta go to court to evict. That said, if you already threw them out by the time the cops come, it’s likely still a court issue and they can’t force you to let them back inside. Just another violence of action / maintaining the initiative solution where dallying results in fucking you. |
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Let's say in the years going up to this - does anything prevent the actual property owner from building on their own property - riding their own dirtbikes, or putting a ton of farm animals on it?
It is THEIR property after all? |
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This is exactly why "No Trespassing" must be vehemently enforced, and folks are crazy if they criticize land owners for doing so.
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Looks over his fence line at 240 acres of abandoned farm.
The whole squatters' rights thing is just a bizarre branch of law that needs to be trimmed off. What's the history behind them? |
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Quoted: Looks over his fence line at 240 acres of abandoned farm. The whole squatters' rights thing is just a bizarre branch of law that needs to be trimmed off. What's the history behind them? View Quote View All Quotes View All Quotes Quoted: Looks over his fence line at 240 acres of abandoned farm. The whole squatters' rights thing is just a bizarre branch of law that needs to be trimmed off. What's the history behind them? As the United States was slowly settled by European colonialists, land ownership was chaotically established. The Homestead Acts legally recognized the concept of the homestead principle and distinguished it from squatting, since the law gave homesteaders a legal way to occupy "unclaimed" lands. The Homestead Act of 1862 was signed by Abraham Lincoln on May 20, 1862, and was enacted to foster the reallocation of "unsettled" land in the West. The law applied to US citizens and prospective citizens that had never borne arms against the US government. It required a five-year commitment, during which time the land owner had to build a twelve-by-fourteen foot dwelling, and develop or work the 160-acre (0.65 km2) plot of land allocated. After five years of positively contributing to the homestead, the applicant could file a request for the deed to the property, which entailed sending paperwork to the General Land Office in Washington, D.C. and, from there, "valid claims were granted patent free and clear". Potter, Lee Ann; Schamel, Wynell (1997). "The Homestead Act of 1862". Social Education. 61 (6): 359–364. Archived from the original on July 14, 2011. Retrieved September 15, 2017. |
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Parliament passed England's first general statute limiting the right to recover possession of land in 1623. At common law, if entitlement to possession of land was in dispute (originally only in what were known as real actions), the person claiming a right to possession was not allowed to allege that the land had come into their possession in the past (in older terminology that he had been 'put into seisin') at a time before the reign of Henry I. The law recognised a cutoff date going back into the past, before which date the law would not be interested. There was no requirement for a defendant to show any form of adverse possession. As time went on, the date was moved by statute—first to the reign of Henry II, and then to the reign of Richard I. No further changes were made of this kind. By the reign of Henry VIII the fact that there had been no changes to the cutoff date had become very inconvenient. A new approach was taken whereby the person claiming possession had to show possession of the land for a continuous period, a certain number of years (60, 50 or 30 depending on the kind of claim made) before the date of the claim. Later statutes have shortened the limitation period in most common law jurisdictions. View Quote nullum tempus occurrit regi as the crown has different rules for them and for us. |
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Quoted: I don't understand the logic of this law. How does living on the land for 20 years entitle you to it legally? View Quote View All Quotes View All Quotes Quoted: In February, Superior Court Judge Craig Karsnitz ruled that Schrock had met the 20-year occupation requirement and Burton had not, so Burton was forced to hand the property title to Schrock. I don't understand the logic of this law. How does living on the land for 20 years entitle you to it legally? It is not your land. It is the King's land. And the King doesnt like land to go unutilized |
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Quoted: Looks over his fence line at 240 acres of abandoned farm. The whole squatters' rights thing is just a bizarre branch of law that needs to be trimmed off. What's the history behind them? View Quote Basically, abandoned property is not perpetually under the control of folks that don't give two shits about it. |
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Quoted: Which is why when arfcom posts neighbor disputes over property lines my advice is to go full retard and throw that shit out / revoke permission / absolutely don’t give permission to use your property for little things like gardens, driveways, yard barns, etc because of exactly this. Fuck this grifter bitch. I won’t be surprised to hear the original losing owner drove up from Atlanta and shoots her in the twat with a shotgun someday soon. View Quote It might actually be better to have the neighbor acknowledge that the use is with permission, because it would therefore be a permissive use and neither adverse possession nor easement by prescription can be founded upon permissive use. |
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Does she at least owe the actual owner 20 years of back taxes?
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Shoulda built a pig pen for very large pigs with umm trip hazards!
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Quoted: Which is why when arfcom posts neighbor disputes over property lines my advice is to go full retard and throw that shit out / revoke permission / absolutely don’t give permission to use your property for little things like gardens, driveways, yard barns, etc because of exactly this. Fuck this grifter bitch. I won’t be surprised to hear the original losing owner drove up from Atlanta and shoots her in the twat with a shotgun someday soon. View Quote View All Quotes View All Quotes Quoted: Quoted: In many states if a squatter can prove the owner of the land knew they were "possessing" the land (aka putting a structure on it and/or living there) for more than 7 years, then they can claim the property as legally theirs. I learned that way back in real-estate school in the 70s. Which is why when arfcom posts neighbor disputes over property lines my advice is to go full retard and throw that shit out / revoke permission / absolutely don’t give permission to use your property for little things like gardens, driveways, yard barns, etc because of exactly this. Fuck this grifter bitch. I won’t be surprised to hear the original losing owner drove up from Atlanta and shoots her in the twat with a shotgun someday soon. Granting permission is one way to prevent adverse possession |
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Quoted: It is not your land. It is the King's land. And the King doesnt like land to go unutilized View Quote View All Quotes View All Quotes Quoted: Quoted: In February, Superior Court Judge Craig Karsnitz ruled that Schrock had met the 20-year occupation requirement and Burton had not, so Burton was forced to hand the property title to Schrock. I don't understand the logic of this law. How does living on the land for 20 years entitle you to it legally? It is not your land. It is the King's land. And the King doesnt like land to go unutilized This is precisely the root of it as well as eminent domain. |
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